dkellams
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Get your taxes done using TurboTax

The first item in this article says AND NY AGI exceeds your Standard Deduction requires filing.  If all you have is a loss on inherited R/E, there is no source income and a loss is lower than any Standard Deduction.  Following is what I found at the NY DOR that I think supports my position.  Your thoughts are always appreciated.   :

Filing information for New York State nonresidents

If you are a New York State nonresident you must file Form IT-203, Nonresident and Part-Year Resident Income Tax Return, if you meet any of the following conditions:

  • You are a nonresident with New York source income and your New York adjusted gross income Federal amount column (Form IT-203, line 31) exceeds your New York standard deduction.
  • You want to claim a refund of any New York State, New York City, or Yonkers income taxes withheld from your pay.
  • You want to claim any of the refundable or carryover credits available.
  • You had a net operating loss for New York State personal income tax purposes for the tax year, without having a similar net operating loss for federal income tax purposes.